1986 (1) TMI 277

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....with Imports (Control) Order, 1955. The relevant Import Export Policy for the period AM-81 made provisions pertaining to the registration of export contracts and recited that in order to provide stability for growth of export scheme came to be introduced for registration of contracts. The petitioner is a recognised Export House and enjoys facilities for import in terms of paragraph 174 of the said AM-81. One of the facility is of import replenishment licences as also of import of items placed on Open General Licence in the manner laid down therein. 2. On March 26, 1984, the licensing authority issued licence dated March 26, 1984 of the value of Rs. 2,05,800 authorising the import of "Diamonds unset and uncut". The said licence was i....

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....davit of Shafat Ahmed was never filed in the Court. The petitioner, under the impression that the respondents would rely upon the affidavit of Shafat Ahmed, prepared an affidavit-in-rejoinder on September 4, 1985 and filed it in Court on January 10, 1986 after giving the copy of the same to the respondents. The petition was called out for hearing in the last week and was adjourned on the application of Shri Desai, learned counsel appearing on behalf of the respondents. At no stage the respondents informed the petitioner or the Court that the Affidavit of Shafat Ahmed is not filed or affidavit of Chaturvedi is filed without giving copy of the same to the petitioner. When the hearing of the petition commenced, the fact that the affidavit of S....